KinderCare Settles With Government Over Insulin Administration

KinderCare Education LLC has entered into a settlement agreement with the government after being accused of discriminating against children with Type 1 diabetes.

The Connecticut Center for Children's Advocacy filed a complaint alleging that the company violated the Americans with Disabilities Act. The complaint alleged that KinderCare refused to assist two children insulin administration for Type 1 diabetes and a third complaint was made later.

KinderCare has 1,800 locations across the country with more than a dozen in Connecticut.

The company's national policy was that staff couldn't directly administer insulin to children and that parents either had to administer the insulin or hire someone else to do so.

More from the U.S. Attorney District of Connecticut office:

Title III of the ADA prohibits discrimination on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation. KinderCare is a private entity that operates child care facilities that are places of “public accommodation” within the meaning of Title III of the ADA.

The settlement agreement resolves complaints that KinderCare was discriminating against three children with insulin dependent diabetes, on the basis of disability, by failing to make certain reasonable modifications for those children. Under the agreement, KinderCare is obligated to take critical steps toward improving access for children with Type 1 diabetes, including revising its policies and procedures, revising its training, and performing initial and ongoing assessments of the need for reasonable accommodations. KinderCare must evaluate each request on an individualized basis, relying on objective evidence and current medical standards.

KinderCare has agreed that “where a parent or guardian and a child’s physician or other qualified health care professional deem it appropriate … for a child to be assisted in diabetes care by a layperson, training child care staff members to assist with routine diabetes care tasks, including the administration of insulin by pen, syringe, or pump, is generally a reasonable modification under the ADA, unless KinderCare can demonstrate that the individual circumstances cause a fundamental alteration,” as defined under the ADA.

KinderCare also has agreed to pay $8,000 to each of the three Complainants to resolve this matter.

“The U.S. Attorney’s Office will continue to investigate and aggressively enforce violations of the Americas with Disabilities Act, especially violations that affect children and other vulnerable residents of Connecticut,” said U.S. Attorney Durham. “Parents rely on dependable childcare in order to work or go to school, and every child should have equal access to childcare and educational facilities. I thank KinderCare’s management for their cooperation during this investigation and for addressing these ADA issues without the need for litigation. Their actions will ensure that children with Type 1 diabetes can enjoy the same benefits that other children enjoy, while giving their parents the confidence that staff will be trained to ensure that their children are well cared for.”
The agreement is effective for three years, during which time the U.S. Attorney’s Office will monitor KinderCare’s compliance.

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